Local governments are like the designated “It” in a game of tag, trying to figure out if they can make their own rules for towing companies. Some court cases have given them some authority, but it’s still a bit confusing. We’ll look at what rules local governments can make for towing services. Towing services in Florida can happen with or without your permission. If your car is towed after an accident or with your consent, it’s consensual. But if it’s towed because it’s parked illegally, it’s nonconsensual. This type of towing can be unfair, with companies charging more than they should. Some people had to take the bus or a taxi to get their cars back after they were towed without permission. One elderly couple even saw their car being towed but weren’t allowed to get it back without going to the tow yard. This book about crime and passion started when a court said that Atlanta couldn’t control tow trucks. In 1977, Atlanta made rules for towing companies, like needing a license from the mayor, giving lots of info, and registering drivers and vehicles with the police. From 1990 to 1992, Atlanta gave tickets to towing companies for not following the rules. The towing companies then went to court to stop Atlanta from enforcing the rules. After two companies went to court, Congress made a law in 1994 that said states and local governments couldn’t regulate the prices or routes of transportation companies. This law didn’t specifically mention towing services. But in 1995, Congress passed another law that did include towing services. The towing companies argued that cities can’t regulate the prices of towing services when the car owner agrees to the tow. The court dismissed the companies’ complaint, and the companies appealed. The 11th Circuit court ruled that Congress doesn’t allow cities to regulate towing companies. The City of Atlanta tried to argue that its regulations were allowed under a safety and insurance exemption, but the court didn’t agree. This ruling has since been challenged in the Supreme Court, allowing local governments to make their own safety and insurance rules for towing companies. Just like in the Mayer case, Ours Garage is another federal case where a local towing company is asking the court to stop the city from regulating their services. The city of Columbus, Ohio, wants tow truck operators to get licenses, pass city inspections, meet city standards for insurance and record keeping, and have specific equipment on their vehicles. The federal courts have already said that the city can’t do this because it goes against a law called ICCTA. Many courts have agreed with this, but one court didn’t, so the Supreme Court is getting involved to make a final decision. The Supreme Court and other federal courts are struggling to determine how much power states have to regulate the safety of tow trucks and other motor carriers. The courts are trying to figure out what kinds of safety regulations are allowed, and what counts as a regulation of prices, routes, or services. Some courts have allowed regulations like licensing and reporting, while others have been more strict. Overall, it’s a complicated issue that the courts are still working on. In Galactic Towing, the city made a rule saying that tow trucks can’t take a car off private property unless the owner says so in writing. They said it was for safety, but really it seemed more like a way to control how tow truck companies operate. The city tried to prove it was about safety, but the court didn’t buy it. They said the city just used fancy words to make it sound like it was about safety. The court also said the city’s reasons for the rule didn’t match the actual law about this, so the rule wasn’t allowed. In this game of regulating towing services, the opinion is that local governments can’t control consensual towing unless it’s about making sure vehicles are safe. But for nonconsensual towing, local governments can set maximum rates. There was a bill in 2004 to regulate tow companies statewide, but it didn’t pass. It’s still not clear if it will be brought up again in 2005. So for now, if your car gets towed, just be sure to watch where you park next time!
Source: https://www.floridabar.org/the-florida-bar-journal/eenie-meenie-miney-mo-whos-to-regulate-this-tow/
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